Richard Thomas Thorburn

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Application by Richard Thomas Thorburn, struck off the Roll in November 2009 for professional misconduct (Accounts Rules breaches, failure to register deeds, operating without indemnity insurance, and failing to respond to the Law Society), to be restored to the Roll under s.10 of the Solicitors (Scotland) Act 1980. The Tribunal found he had not discharged the onus to show he was a fit and proper person, noting his recklessness over a £320,000 transaction, continuing lack of insight, failure to educate himself on the Accounts Rules in the 10 years since he last practised, and his attempt to relitigate culpability. The Application was refused. The Law Society's motion for expenses was also refused as no statutory basis was identified. The usual order for publicity, including the applicant's name, was made.

Duties found breached:

• Keep client informed and respond promptly
• No conflict between current clients
• Prompt accounting and return of money
• Professional indemnity insurance

Aggravating factors:

• Continuing lack of insight into his failures
• Did nothing to educate himself regarding the Accounts Rules in the 10 years since last in practice
• Sought to relitigate issues of culpability decided in 2009
• Reckless conduct in paying over £320,000 without obtaining settlement documents, not the first such occasion
• Showed no understanding of the serious nature of his failures to comply with professional duties

Mitigating factors:

• Two letters of support from solicitors attached to the Application
• Stated intention not to practise as a sole practitioner again and to seek employment within a team
• Acknowledged the partnership should never have happened